When Should I Expect My Inheritance from a Florida Probate?

“It’s all about the money!” some probate lawyers West Palm Beach may say.   But what about that money you are supposed toinherit from that Palm Beach probate? Where is the estate executor with your check?  Why haven’t you received your inheritance yet?  It’s been….what???….. 7 months?   1 year?   2 years?    Just how long should I have to wait to get my inheritance money from a Palm Beach probate or Florida estate?

Can I demand my inheritance from the Florida probate?

1. First of all, an estate needs to be administered.  Somehow, right?  I meandSOMEBODY has to go to the bank and get the money or gather the assets and change the deed to the house or close the checking account, right?  I mean, your inheritance is not going to fall into your lap from the South Florida sky, out of the blue, right?  So, usually, there is an executor of the will or an executor of the estate, what probate lawyers Florida call a Personal Representative.
2. There may be a formal estate proceeding in a Florida probate court with a court docket or file number. Or, there may be a less formal estate administration.  Like what? Well, like your sister or brother or in-law collecting your late dads’ stuff, working with your dad’s CPA to pay his last income taxes and then getting ready to distribute your Florida inheritance to you.  Maybe.  Probably.  Shouldn’t you get your inheritance? You WILL get your probate inheritance, right?  Hmmmm…………..
3. If you are unsure about whether or not you are going to get your inheritance, what can you do?  Well, let me guess, your late mother had a bunch of Florida bank accountsand some investments and stocks and bonds & a few mutual fund accounts or in aBoynton Beach brokerage, right?  And you are feeling uneasy about your sister or brother or whoever your mom put in charge.  You don’t trust them !
4. Well, if you don’t trust your sister or brother of in-law to “do the right thing”, what can you do?
5. Well, first of all,  you should make a written demand. But some estate attorneys Boca Raton find that letter writing just isn’t worth the time or legal fees.  So, get serious, or get gone.  File a probate lawsuit !  Open a Palm Beach estate ! Get some deadlines, a probate judge, a whole bunch of probate litigators; then you will get some answers.
6. Depending on any number of factors, you should get your inheritance within 3-12 months of death.  There are a number of variables.  Like if your estate in above $5 Million and there is a Form 706 Federal Estate Tax Return to file and there is a big estate audit, with the IRS, you are not going to get your money within the first year; probably the second or 3rd year of the probate.  If there is pending Florida estate litigation, don’t count on getting your distribution from the Palm Beach Gardens probateunless you file a motion for partial distribution or advance.  If the probate litigation is only for $X and your inheritance is a lot less than the worst day in court, do you know how to ask a judge for your inheritance, even if the personal representative won’t give it to you?  Good luck getting your inheritance from the Palm Beach estate.  Oh yea………………….if you are only getting excuses and not a big fat check from the estate or your mom or dad’s revocable living Florida trust, consider why you are getting lip service and why you are not getting a serious tough estate litigation law firm Palm Beach.